Clearing; application for a permit

Clearing involves the removal of forest in favor of another type of land use. This requires a permit.

Clearing is the removal of forest in favor of another type of land use. This not only includes the removal of a forest stand, e.g. in favor of agricultural land or the construction of infrastructure facilities or similar, but also applies if a use other than forest management comes to the fore, e.g. in a burial forest.

If forest owners wish to clear an area, they require permission from the responsible lower forestry authority, i.e. the Office for Food, Agriculture and Forestry (AELF), in accordance with Art. 9 Para. 2 of the Bavarian Forest Act (BayWaldG). This decides on the application in agreement with the district administrative authority (Art. 39 para. 2 sentence 1 BayWaldG). Depending on the size of the area to be cleared, it may also be necessary to carry out an environmental impact assessment.

The application must be submitted in text form to the lower forestry authority (AELF) (Art. 42 BayWaldG). The following information is usually required:

• Parcel number, size and location of the forest area to be cleared
• Age and composition of the forest
• Description and justification of the future land use

Art. 9 of the Bavarian Forest Act regulates both the clearing permit and clarifies when this is to be refused, such as in protection, protected and recreational forests.

Unauthorized clearing is an administrative offence and can be punished with a fine (Art. 46 Para. 1 No. 2 BayWaldG).

If you have any questions, the foresters of the Bavarian Forestry Administration will be happy to help you (see forester finder under "Further links").

If no other period is specified in the clearing permit, it expires if clearing has not begun within five years or has not been interrupted for five years (Art. 16a para. 1 BayWaldG).

The five-year period can be extended by up to three years in each case if the application for this has been received by the lower forestry authority (AELF) in text form before the permit expires (Art. 16a Para. 2 BayWaldG).